Page No.# 1/5 GAHC010078792026 2026:GAU-AS:5759 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/2211/2026 PARAG KUMAR BORAH AND 7 ORS S/O- MONI KANTA BORAH, ADDRESS- VILL.- BHERBHERI BAKULTAL, P.O. HALUWAGAON, P.S. SAMAGURI, DIST. NAGAON, PIN- 782141. 2: JIYAUR RAHMAN C/O- NABIR UDDIN ADDRESS- VILL.- SHIMLABARI PART-1 P.O. RANGAPANI P.S. MERERCHAR DIST. BONGAIGAON ASSAM PIN- 783384. 3: DIBYA JYOTI DOLOI C/O- MRS CHARU DOLOI ADDRESS- VILL.- DHEMAJI GAON P.O. NIZ NARIKALI P.S. KAMPUR DIST. NAGAON PIN- 782426. 4: BHARGAV BORA S/O- NIPUL CH. BORA ADDRESS- VILL.- KALONGPAR HALOWAGAON P.O. KALONGPAR HALOWAGAON P.S. RUPAHI HAT DIST. NAGAON ASSAM PIN- 782141. 5: BIKI BORAH S/O- HAREN BORAH ADDRESS- VILL.- MAJ POTANI P.O. POTANI GUMUTHA GAON Page No.# 2/5 P.S. NAGAON SADAR PIN- 782102. 6: SONMONI BORUAH C/O- LATE PRAFULLA BORUAH ADDRESS- VILL.- PADUMONI KHAT GAON P.O. BAHADUR CHUCK P.S. NORTH LAKHIMPUR DIST. LAKHIMPUR PIN- 787031. 7: TUKSHESWAR BORDOLOI S/O- LATE BHULARAM BORDOLOI ADDRESS- VILL.- NIBUKALI (KONDOLI) P.O. NIBUKALI DIST. NAGAON PIN- 782102. 8: RAJ HUSSAIN C/O- MUJIBUL HUSSAIN ADDRESS- VILL.- ITACHALI DIST. NAGAON PIN- 782003 VERSUS THE STATE OF ASSAM AND 4 ORS REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF ASSAM, ASSAM SECRETARIAT, DISPUR, GUWAHATI, ASSAM-781006. 2:THE ADDITIONAL CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENT C-BLOCK THIRD FLOOR ASSAM SECRETARIAT DISPUR GUWAHATI ASSAM-781006. 3:THE PRINCIPAL SECRETARY TO THE GOVERNMENT OF ASSAM REVENUE AND DISASTER MANAGEMENT DEPARTMENTR C-BLOCK THIRD FLOOR ASSAM SECRETARIAT DISPUR GUWAHATI ASSAM-781006. Page No.# 3/5 4:THE DIRECTOR OF LAND RECORDS AND SURVEYS ETC. ASSAM RUPNAGAR GUWAHATI ASSAM PIN- 781032. 5:THE PRINCIPAL SECRETARY DIMA HASAO AUTONOMOUS COUNCIL (DHAC) SECRETARIAT HAFLONG DIST. DIMA HASAO ASSAM PIN- 788819 Advocate for the Petitioner : MR D MAHANTA, MR T GOGOI Advocate for the Respondent : GA, ASSAM, SC, DIMA HASAO,SC, REVENUE For the Petitioner(s) : Mr. D. Mahanta, Counsel For the Respondent(s) : Mr. R. Borpujari, SC, Revenue Ms. P. Chakraborty, SC, Dima Hasao BEFORE HONOURABLE THE CHIEF JUSTICE MR. ASHUTOSH KUMAR HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY ORDER 27-04-2026 (A. D. Choudhury, J) 1. We have heard Mr. D. Mahanta, learned counsel appearing for the petitioners. Also heard Mr. R. Borpujari, learned Standing counsel, representing the Revenue Department, Assam and Ms. P. Chakraborty, Page No.# 4/5 learned Standing counsel, representing the Dima Hasao Autonomous Council for the respondents. 2. The petitioners, all of whom have undergone the Recorders’ Certificate Class Course (hereinafter referred to as “RCCC”) training from the Assam Survey and Settlement Training Centre of the Government of Assam, under the Revenue and Disaster Management Department in various sessions from 2017 to 2024, have questioned the validity of Rule 5(1A) of the Assam Land Records Subordinate Service (Amendment) Rules, 2025, which amends the Assam Land Records Subordinate Service Rules, 2023 (hereinafter referred to as the “Rules of 2023”), thereby allowing only pre- trained RCCC candidates to appear for recruitment to the entry level post of Land Records Assistant (equivalent to Lot Mandal), as a one-time measure, but explicitly excluding the candidates nominated by Territorial and Autonomous Council areas, like, Bodoland Territorial Autonomous Council, N.C. Hills Autonomous Council, etc., on the ground of the same being arbitrary and violative of the fundamental rights of the petitioners and that the amendment, in effect, causes discrimination based on residence or places of birth, despite some of them being non-tribals and not claiming any tribal priority rights. 3. Similar challenge was made in WP(C) No. 143/2026 and other connected writ petitions. This Court under its judgment and order dated 23.04.2026 in the aforesaid writ petitions, held that the impugned amendment in the Rules of 2023, introducing classification of RCCC trained nominees of the Autonomous Councils from being considered for one-time adjustments does not muster the constitutionality required for its validation. 4. Accordingly, the challenge was allowed by striking down the Amendment Rule to that extent as unconstitutional and violative of the Page No.# 5/5 fundamental rights of the petitioners under Article 14 & Article 16 of the Constitution of India. 5. The exclusionary part in the Advertisement No. DLR- 11013(21)/50/2025/130 dated 14.03.2026 was also struck down as constitutionally invalid. 6. Accordingly, with the aforesaid declaration, it was directed that the petitioners, if otherwise eligible, would be required to be allowed to participate in the selection process against the aforenoted advertisement for their selection in Government jobs. 7. Parties are in ad idem that the aforesaid judgment and order dated 23.04.2026, shall also cover the case of the present petitioners. 8. In view of the aforesaid consensus and taking note of the facts pleaded before us, we dispose of the present writ petition in terms of the determination made by this Court under its judgment and order dated 23.04.2026, passed in WP(C) No. 143/2026 and other writ petitions. JUDGE CHIEF JUSTICE Comparing Assistant